LocknLoad™ Terms and Conditions Copyright (c) 2015 LocknLoad Online Backup Services. All rights reserved.
1. Term of Agreement The Initial Term commences on the date of this Agreement. This Agreement will automatically renew for successive terms at the end of Your Initial Term unless a Termination Notice is sent to firstname.lastname@example.org thirty (30) days prior to the end of the current contract term. This Termination Notice should include your relevant company details.
2. Service Charges The charge for the Service (Payment) Plan You selected shall remain fixed for the Initial Term. Service renewals will be priced out using the Service Plan and fees in effect at the date of the service renewal. Charges for Supplemental Service Options may be changed at any time.
3. Payments Payment terms are met on application.
4. Cancellation Terms At the discretion of LocknLoad™ NZ
5. Change to Service Changes to The Service within the contract term are at the discretion of LocknLoad™ NZ.
6. Maintenance LocknLoad™ reserve the right to conduct routine tests, maintenance, upgrade or repair on any part of the network, and will advise where reasonable. You acknowledge that there may be situations where it is not practicable for LocknLoad™ to give advance notice of a disruption, for example, in the event of an emergency, in these circumstances LocknLoad™ reserve the right to disrupt the Services to conduct necessary work upon the system without prior notice.
7. Client Responsibilities and Content Restrictions You are solely responsible for the content of any postings, data or transmissions using LocknLoad™ Services, or any other use of the Services by You or by any person/entity You permit to access the Services (a "User").
7.2 Professional Advice LocknLoad™ recommend that professional advice be sought to determine the length of time necessary for adequate data storage for taxation and legal purposes.
8. LIMITED WARRANTY EXCEPT FOR THIS WARRANTY, LocknLoad™ AND ITS LICENSORS DISCLAIM ANY AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SERVICE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE.
9. LIMITATION OF LIABILITY LocknLoad AND ITS LICENSOR'S CUMULATIVE LIABILITY TO YOU AND ALL OTHER PARTIES FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE SERVICE OR ANY FAILURE OR DELAY IN DELIVERING THE SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU DURING THE PERIOD OF THREE (3) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE CLAIM OCCURRED OR THE PRORATA EQUIVALENT IF YOU HAVE PURCHASED AN ANNUAL PLAN.
10. Other 10.1 Acts Beyond LocknLoads Control LocknLoad™ shall not be deemed to be in breach of this Agreement and shall have no liability hereunder if its obligations are delayed or prevented by any reason of any act of God, war, fire, natural disaster, accident, riots, acts of government, shortage of materials or supplies, failure of any transportation or communication system, non-performance of any of Your agents or Your third party providers (including, without limitation, the failure or performance of common carriers, interchange carriers, local exchange carriers, internet service providers, suppliers, subcontractors) or any other cause beyond its reasonable control.
10.2 Notice of Claim and Legal Suits You must present any claim in writing to LocknLoad™ within a reasonable time, and in no event longer than forty five days(45) days after the event for which the claim is presented. No action may be maintained against LocknLoad™ for loss, damage or destruction of data transmitted, unless timely written claim has been given as provided above.
10.3 Confidentiality Confidential Information shall be held in confidence by LocknLoad™ and shall be used only for the purposes provided for in this Agreement. However it is acknowledged that LocknLoad™ Developers have access to confidential information stored by clients for the following purposes only: Technical Maintenance
10.4 Indemnification You agree to fully indemnify and hold harmless LocknLoad™ and its employees and agents for any liability, judgment, claim, damage, settlement, cost or expense (including litigation expenses and reasonable attorneys' fees) arising out of or relating to any breach of this Agreement. You and LocknLoad™ will promptly notify each other upon receipt of any third party claim or legal action arising out of or relating to this Agreement.
10.5 Modification; Authority; Assignment LocknLoad™ may modify any aspect of this Agreement or the applicable Terms of Service upon thirty (30) days prior notice. Should You wish to terminate the Service as a result of such modification, you may do so by sending a Termination Notice to info@LocknLoad any time prior to the effective date of such modification; no Early Termination Fees will apply. Otherwise such modification will remain in effect for the remaining Term.